Section 39 in The Orissa Town Planning and Improvement Trust Act, 1956
39. Deferred street scheme.
(1)Whenever the Planning authority is of opinion that within the frame-work of the allotted plan, it is expedient for any of the purposes mentioned in Section 38 to provide for the ultimate widening of any street by altering the existing alignment of street to improve alignments to be specified by the Planning authority but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the said authority, if satisfied as to the sufficiency of its resources, may pass a resolution to that effect, and shall forthwith proceed to make a scheme to be called a "deferred street scheme" specifying alignment on each side of the street.(2)A deferred street scheme shall provide for :(a)the acquisition of the whole or any part of any property lying within the specified street alignment within the time-limit provided in the scheme which may be extended by the State Government;(b)the re-laying out of ail or any such property, including the construction and reconstruction of buildings by the Planning authority or by any other person, and the formation and alteration of the street.(c)the drainage, water-supply and lighting of the streets so framed or altered.(3)After a deferred street scheme has been sanctioned by the State Government -(a)no person shall, except with the written permission of the Planning authority, erect, re-erect, add to or alter any building or wall so as to make the same project beyond the specified alignment of the street;(b)the owner of any property included within the specified alignment of any street may, at any time, give the Planning authority notice requiring it to acquire such property before the expiration of six months from the date of such notice, and thereupon the said authorities shall issue notice of the intention to acquire such property and the property shall be acquired accordingly;(c)before proceeding to acquire any property lying within the specified alignment of the street [other than property regarding which it has received a notice under Clause (b)] the Planning authority shall give six months notice to the owner of its intention to acquire such property.
